H-1B visa fee: Immigration lawyer Sophie Alcorn, in a conversation with Deedy Das, who is a partner at Menlo Ventures, explained the $100,000 fee introduced by US President Donald Trump and answered key questions around it.
She said that employers do not have to pay for H-1B renewals, and that the new order doesn’t apply to the existing visa holders. Alcorn said that the proclamation, which Trump signed on September 19, doesn’t apply to H-1B visa transfers to other companies.
“This applies only to new visas, not renewals, and not current visa holders. It will first apply in the next upcoming lottery cycle,” White House Press Secretary Karoline Leavitt wrote on X (formerly Twitter).
FAQs on H-1B visa fee
1- I have an approved H-1B but haven’t had it stamped yet. What should I do?
The fee likely does not apply to you, but you should probably not risk travelling outside the US for a stamping for the next week and let things settle down.
2- If I’m not in the US and on H-1B, do I need to be back by Sep 21?
The Press Secretary clarified, “H-1B visa holders can leave and re-enter the country to the same extent as they normally would; whatever ability they have to do that is not impacted by yesterday’s proclamation.”
“Those who already hold H-1B visas and are currently outside of the country right now will NOT be charged $100,000 to re-enter,” she added.
The lawyer, however, advised that it would be wise not to leave the country until things settle down in the next week.
3- Is this a recurring fee?
No, it is likely a one-time fee, according to the Press Secretary, but we expect there to be changes to the language to clarify these points in the coming days.
“This is NOT an annual fee. It’s a one-time fee that applies only to the petition,” Leavitt wrote on X.
6- Does it apply to cap-exempt H-1Bs?
Yes, it likely does.
7- If I’m on F-1 OPT and am applying for the lottery next year, will my employer have to pay the fee?
They likely will, but interpreting the EO as is, it may not apply unless you actually leave the country. It is only checked on entry.
8- If my spouse is on an H-4 and planning to travel to the US, will they be affected?
Likely not.
‘Big tech will likely pull back on their sponsorship’
Alcorn, who has represented startup founders, employees and employers in the Bay Area for over a decade, told HT that Trump’s move will harm startups and innovation, adding that companies will “pull back on sponsoring foreign talent”.
“Businesses might be more hesitant to sponsor consulting companies. This will likely make it impracticable for them to sponsor as it might not be worth the financial investment for their clients,” she further said, before adding, “Big tech will likely pull back on their sponsorship.”
Alcorn went on to say, “This will dramatically harm the startup innovation ecosystem in the United States. And founders and startup founders are the genesis of critical and emerging technologies, including AI, value chain, bringing back US manufacturing.”